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Does a dv charge that was dismissed without prejudice effect a child custody hearing? My wife filed for legal seperation. In the paper work she noted the dv charge aganist me as well as me smoking my medical marijuana in front of the kids. How will this effect the case?

Asked on 7/07/12, 9:21 pm

1 Answer from Attorneys

The criminal charge itself is meaningless. A DV allegation, however, could be very important. The concern is whether it is possible for her to allege domestic violence herself. If it was a past DV charge against another person whereabouts unknown and she otherwise has no information herself about the DV charge then she can't prove DV on it.